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VICTORIA — New rules around wills and estates have gone into force in B.C., in the biggest overhaul in almost 100 years.

Justice Minister Suzanne Anton said Tuesday the aim is to make it easier, faster and clearer for people to draft wills and have their property and assets distributed as they wish after they die.

Anton said it’s the largest overhaul of will and estate legislation since 1920, and even after that overhaul, many of the processes and procedures dated back to 1837.

“Today’s world looks and operates a lot differently than it did in 1837,” she told at a press conference Tuesday.

All existing wills remain in force.

One of the most significant changes in the law is that it allows judges more latitude to correct errors and use other documents to figure out the true intentions of the person who had the will drafted.

Some lawyers have expressed concern that it could mean a person’s emails, letters or notes discussing what they’d like to see happen to their money and property could be used by a judge to alter their will after they die.

But judges in other provinces have been very conservative in how they’ve used similar provisions, Justice Ministry officials said.

Around 45 per cent of British Columbians don’t have a will, the government estimates. That could mean decisions are made about guardianship of their children and division of their money and property in a way they didn’t intend.

“It’s an update and modernization of our legislation, and although that has growing pains it’s probably good overall,” said Kirsten Jenkins, a lawyer specializing in estate planning, trusts and administration at the Bull Housser law firm.

Jenkins said the courts will also have to interpret a new change to the definition of a common law spouse, which appears to allow one spouse to unilaterally terminate a relationship and impact a person’s right to challenge a will.

“This whole business of I can terminate [a relationship] unilaterally and we’re done … it will be interesting to see what the court does with that,” said Jenkins.

The new rules slightly change the way a person’s money is split between spouses and children if a person die without a will. Also, if a person dies without a will, the office of the Public Guardian and Trustee will no longer look for distant relatives beyond four degrees of separation; it would be up to those distant relatives to pursue part of an estate.

The legislation also fixes a rule that made a person’s will invalid after they got married. “That’s not the case anymore,” said Anton.

And it lowers the minimum age of a person allowed to have a will from 19 to 16.

The Justice Ministry said the changes will generally allow for simpler standardized forms for wills, estates and the probate process, as well as speeding up the processing of documents in cases where fraud is not suspected.

Nothing prevents you from writing your own will. There are do-it yourself kits and websites available for straightforward wills. However, for more complex wills, a notary or lawyer can be useful to provide advice.

How much does it cost?

Will kits can cost as little as $35 and there are forms available online for free. A notary or lawyer can charge anywhere from $300 to $2,000, depending on the law firm, case and circumstances.

What should a will include?

Generally, what you want to happen to your money, property, assets, children and anything else you control when you die. If you want to donate money to a charity or organization, it should be in your will. Who you want to raise any of your minor children should also be addressed. How to divide your assets between heirs is also important, including at what age you want them to receive money. And a backup plan is recommended in case the people you list in your will have died before you do.

What happens to your property if you don’t have a will?

If you die without a will, your estate may not be distributed in a way you wanted. Someone would be appointed by the court as an administrator. There are mandatory formulas to split money between spouses and children. The new law only attempts to find relatives four degrees removed. Beyond that, it’s the distant relative’s responsibility to know they might be entitled to something. If absolutely no relatives can be found, including distant family, the money and property goes to the Crown — though lawyers say this is extremely rare.

Does the public have to pick up any costs for people who don’t have a will?

There are no costs to the public, generally. But if you die without a will, and no one applies to administer your estate, then the Public Guardian and Trustee’s office becomes the administrator of last resort. That office will recover costs from the money in the estate.

Source: Ministry of Justice; Kirsten Jenkins

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